Legal Professions - 1998

The case shown here are derived from the lawindexpro case law database. lawindexpro is a low cost case law database, with over 260,000 case listings, and over 200,000 links to full text judgments. The free service below shows the core information on the case, but is restricted in several ways. A small proportion of cases do allow access to the full lawindexpro information. These cases are selected at random, and may be different on your next visit. The active links through to lawindexpro are extremely powerful allowing full access to all linked cases.  

This page lists 73 cases, and was prepared on 28 October 2012.

Joseph Aaron -v- Joy Okoye [1998] EWCA Civ 25
15 Jan 1998 CA Lady Justice Butler-Sloss, Lord Justice Hobhouse	Legal Professions, Costs	Casemap 1 Cites
	The plaintiff solicitor had acted for the respondent barrister in legal proceedings. The respondent was unhappy with work done on her behalf by counsel instructed by the plaintiff, and declined to pay. The solicitor taxed his bill excluding counsel's fees, and negotiations proceeded to agree counsel's fees. The respondent then claimed the bill should not have been taxed without counsel's fees. Held: The omission of counsel's fees from the first bill was understandable and did not vitiate the taxation. Nor did the separate delivery of a bill for counsel's fees deny any right to taxation of that bill. Appeal dismissed.
	Link[s] omitted

Nationwide Building Society -v- Various Solicitors [1999] PNLR 52; [1998] TLR 59
20 Jan 1998 ChD Blackburne J	Legal Professions	Casemap 1 Citers
	Legal professional privilege could be set aside at disclosure where the fraudulent intention of one lay client was thereby shown as against another lender. The right to assert legal professional privilege does not apply to documents which came into existence in furtherance of a criminal or fraudulent purpose, but to overcome the privilege, there must be some prima facie evidence that the allegations of fraudulent or criminal purpose have some foundation of fact. "Provided the solicitor's advice and assistance was employed in furtherance of the iniquity the exception came into play in relation to confidential communications between the solicitor and client which would otherwise be protected by the client's privilege. It mattered not whether the solicitor was engaged to advise in relation to the misrepresentation or whether he was aware that his involvement was in furthering the iniquity."

Stewart -v- Secretary of State for Scotland (Scotland) [1998] UKHL 3; 1998 SC (HL) 81
22 Jan 1998 HL Lord Lloyd of Berwick, Lord Jauncey of Tullichettle, Lord Steyn, Lord Hutton, Lord Saville of Newdigate	Administrative, Scotland, Legal Professions	Casemap 1 Citers
	The dismissal of a Scottish Sheriff 'for inability' is not limited in meaning to either mental or physical infirmity, but can also include simple incompetence. The fact that the inquiry into the sherriff's unfitness was conducted in private was not unfair.
	Sherriffs Courts (Scotland) Act 1971
	Link[s] omitted

Billie Reaveley -v- Safeway Stores Plc [1998] EWCA Civ 73
27 Jan 1998 CA	Legal Professions
	Appeal against wasted costs order.
	Link[s] omitted

Regina -v- Council for Licensed Conveyancers and Discipline and Appeals Committee of Council for Licensed Conveyancers ex parte John Raymond Sidney Godolphin [1998] EWCA Civ 145
4 Feb 1998 CA	Legal Professions
	Link[s] omitted

Powells (a Firm) -v- Harold Williamson [1998] EWCA Civ 201
10 Feb 1998 CA	Legal Professions, Litigation Practice
	Link[s] omitted

Robert Lownes -v- Babcock Power Limited [1998] EWCA Civ 211; [1998] TLR 84
11 Feb 1998 CA	Legal Professions, Personal Injury, Litigation Practice	Casemap 1 Citers
	Where a substantial delay by a solicitor leads to an unless order and puts his client at risk of having case his dismissed, the solicitor should ensure that independent advice is given. An 'unless order' is preliminary to a striking out order.
	Link[s] omitted

In the Matter of H-S (Minors) Re Rights of Audience [1998] EWCA Civ 204
11 Feb 1998 CA	Legal Professions
	Judge had no right to stop an unqualified employee of a solicitor representing a party in proceedings held in chambers under this sub-section.
	Courts and Legal Services Act 1990 27(2)(e)
	Link[s] omitted

Hodgson & others -v- Imperial Tobacco Limited Gallagher Limited etc [1998] EWCA Civ 224; [1998] 1 WLR 1056; [1998] 2 All ER 673
12 Feb 1998 CA Lord Woolf MR, Aldous, Chadwick LJJ	Legal Professions, Media, Costs	Casemap 1 Cites 1 Citers
	A large number of plaintiffs brought actions against the defendants, three tobacco companies, claiming damages for personal injuries by reason of cancer which they claimed was caused by smoking cigarettes manufactured by the defendants. A hearing for directions was heard 'in chambers' and an issue arose as to what the parties could say about that hearing. The judge had not delivered a judgment, and had said that a copy of his directions could be released to the public, but that the parties and their advisers were not to make any comment to the media in relation to the litigation without the leave of the court. Held: Lawyers conducting cases under conditional fee agreements bear no different or greater risk of facing personal costs orders for that reason. If the statutory requirements are complied with the CFA will be valid and enforceable by the legal advisers against a client. If it materially departs from the legislative requirements, it will not be enforceable and will not be a CFA which is protected. It was wrong to impose order banning publicity for that reason. The issue arose (but was not fully argued) as to the disclosabiity of Conditional Fee Agreements. The court said that absent exceptional circumstances, unless and until the other partyapplies to make the legal advisers personally liable for costs, the existence or the terms of a CFA are of no relevance to the issues and the proceedings. They are therefore on that ground not required to be disclosed. Proceedings in chambers are described as being conducted "in private" and Lord Woolf described the principles referable to proceedings in chambers as including: "To disclose what occurs in chambers does not constitute a breach of confidence or amount to contempt so long as any comment which is made does not substantially prejudice the administration of justice." Lord Woolf said: "What has happened since the order has been made strongly suggests that it would have been preferable to have given all the directions which were made on 10 October in open court, together with a judgment explaining why they were made, so that it would not have been necessary for the legal advisers to communicate with the media in order to explain what had happened."
	Conditional Fee Agreements Regulations 1995 (1995 N0 1675) - Courts and Legal Services Act 1990
	[ Bailii ]

Regina -v- Legal Aid Board ex parte Rafina [1998] EWHC Admin 176
12 Feb 1998 Admn	Legal Professions
	An assistant to a solicitor wishing to give assistance under the Green Form scheme must be an employee of solicitor, not an independent contractor.
	Legal Aid Advice and Assistance Regulations 1989 (1989 No 340) 20
	[ Bailii ]

General of Berne Insurance Company -v- Jardine Reinsurance Management Limited [1998] EWCA Civ 220; [1998] 2 All ER 30
12 Feb 1998 CA	Costs, Legal Professions	Casemap 1 Cites 1 Citers
	Where only part of action for which costs are awarded, is covered by a contentious business agreement, and the amount recoverable is limited, that part is severable from the balance. A paying party cannot be ordered to pay a receiving party more by way of costs than the receiving party is himself liable to pay by relying on a contractual cap agreed between the receiving party and his solicitor.
	Solicitors Act 1974 59
	Link[s] omitted

Clement Jones (a Firm) -v- Huntington [1998] EWCA Civ 237
13 Feb 1998 CA	Legal Professions
	Claim for legal costs prior to grant of legal aid certificate.
	Link[s] omitted

Regina -v- Law Society ex parte Vokes [1998] EWHC Admin 202
18 Feb 1998 Admn	Legal Professions
	Link[s] omitted

Regina -v- In the Matter of a Solicitoin the Matter of Solicitors Act 1974 [1998] EWHC Admin 207
19 Feb 1998 Admn	Legal Professions
	[ Bailii ]

Regina -v- Nasser
19 Feb 1998 CA	Legal Professions
	Where counsel who was freshly instructed on an appeal wanting to criticise counsel who had acted in the lower court, he must act in accordance with the applicable Bar Council guidance.

Nationwide Building Society -v- (L) Bryan Lewis; Alyn Williams (Formerly Partners In the Firm of Bryan Lewis and Co) [1998] EWCA Civ 337
24 Feb 1998 CA	Professional Negligence, Legal Professions	Casemap 1 Cites 1 Citers
	Employee solicitor held out as partner was not liable in negligence where he was neither involved in the advice nor holding out relied upon
	Link[s] omitted

Quantum Claims Compensation Specialists Ltd -v- Powell
26 Feb 1998 OHCS	Scotland, Legal Professions
	A contingency agreement for conduct of personal injury litigation was not a pactum de quota litis and the agreement was valid and enforceable

Thai Trading (a Firm) -v- Margery Taylor and Wilfrid David Taylor (of Taylors Solicitors, Caversham) [1998] QB 781; [1998] EWCA Civ 370; [1998] 1 Costs LR 122; [1998] 2 FLR 430; [1998] Fam Law 586; [1998] 3 All ER 65; [1998] 2 WLR 893; [1998] PNLR 698; [1998] 3 FCR 606
27 Feb 1998 CA Millett LJ, Kennedy and Hutchison LJJ	Legal Professions, Costs	Casemap 1 Cites 1 Citers
	A solicitor had agreed with his wife to act for her in litigation on the understanding that he would only recover his profit costs if she succeeded. Held: This agreement did not offend public policy. This type of agreement was distinguished from a contingency fee agreement which entitled a solicitor to a reward over and above his ordinary profit costs if he won. The latter was an arrangement which had always been condemned by English courts as tending to corrupt the administration of justice. The provided that a solicitor engaged in any contentious business might not agree to receive a contingency fee (a fee payable only in the event of success in the proceedings). The fact that a professional rule prohibited a particular practice did not of itself make the practice contrary to the general law.
	Courts and Legal Services Act 1990 - Solicitors’ Practice Rules 1987
	Link[s] omitted

Cullen -v- Campbell Hooper Wright and Supperstone (a Firm) (1) [1998] EWCA Civ 394
4 Mar 1998 CA	Legal Professions
	The claimant sought to appeal an order declining to compel the defendant firm of solicitors to deliver up to her the file of papers, claiming a lien for unpaid fees. The fees were for work prior to the grant of legal aid, and were payable by the defendant in the original action but the solicitors had not pursued that claim fearing a similar counterclaim. Held: Leave should not be granted or refused without the defendant solicitors attending to answer questions as to their conduct.
	Link[s] omitted

Scarborough Building Society -v- Howes Percival (a Firm) [1998] EWCA Civ 407
5 Mar 1998 CA	Torts - Other, Vicarious Liability, Legal Professions
	Link[s] omitted

In the Matter of a Solicitor and In the Matter of Solicitors Act 1974 [1998] EWHC Admin 278
9 Mar 1998 Admn	Legal Professions
	Link[s] omitted

In the Matter of a Solicitor and In the Matter of Solicitors Act 1974 [1998] EWHC Admin 279
9 Mar 1998 Admn	Legal Professions
	Link[s] omitted

Thomas Watts and Co (a Firm) -v- Malcolm Davies Smith [1998] EWCA Civ 468; [1998] 2 Costs LR 59
16 Mar 1998 CA Sir Richard Scott V-C, Schiemann LJ	Legal Professions	Casemap 1 Cites
	The court considered the status of an untaxed solicitor's bill of costs against a client for whom he had acted in defamation proceedings. Sir Richard Scott V-C said: "It is a fact that [the client] never entered into any contract to pay the sums as claimed. He engaged Thomas Watts & Co as his solicitors but was not asked to and did not agree any particular rate of remuneration. The solicitors are entitled to reasonable and fair remuneration for the work they have done. It is too late for [the client] to apply with any prospect of success for the bills now to be submitted for taxation. . But the position of the plaintiff firm is not, in my judgment, one in which they can simply ask the court, without any further investigation, to underwrite the amount they have chosen to claim in their three invoices. It may be that the amounts are reasonable. It may be that in one, or other, or several respects, the amounts are inflated . . In my judgment, in a case such as this, where solicitors are applying for payment of their bill, the situation is analogous to one in which a plaintiff is applying for an unquantified sum which has to be quantified by a judicial process before judgment can be awarded for the appropriate amount."
	Link[s] omitted

S -v- M (Wasted Costs Order)
26 Mar 1998 ChD	Legal Professions
	An application to order a legal representative to pay under a wasted costs order must specify the improper or negligent behaviour complained of.
	Supreme Court Act 1981 51

Bailey -v- IBC Vehicles Limited [1998] EWCA Civ 566; [1998] 3 All ER 570
27 Mar 1998 CA Butler-Sloss, Henry and Judge LJJ	Costs, Legal Professions	Casemap 1 Citers
	The claimant succeeded in an action for personal injuries. The defendants agreed damages with costs. The claimant was assisted financially by his union. The defendants objected to elements of the bill, and asked for evidence that the bill was not in breach of the indemnity principle. A letter was produced which stated that the union’s relationship with the solicitor was that the solicitors were entitled to make a full solicitor/client charge. The district judge held that they were entitled to disclosure of the relevant material. Held: The Court were concerned about satellite litigation in assessment proceedings, but that there was no breach of the indemnity principle merely because the litigant was a supported by his union. The paying party agreed that the costs judge could be provided with the information he needed. The solicitor's Client Care letter should be attached to the bill of costs for inspection for taxation of costs, in order to demonstrate that no more is being charged than would have been charged to the client. The court attached considerable importance to the fact that solicitors are officers of the court and that they are trusted not to mislead the court or to allow it to be misled. Accordingly, the court indicated that it would expect solicitors to disclose the existence of a limit on the fees which they could recover from their client.
	Link[s] omitted

In the Matter of a Solicitor and In the Matter of Solicitors Act 1974 [1998] EWHC Admin 385
1 Apr 1998 Admn	Legal Professions
	Link[s] omitted

Mohammed -v- Alaga & Co (A Firm)
2 Apr 1998 ChD	Legal Professions, Contract	Casemap 1 Cites 1 Citers
	A party to an agreement to share in solicitors' fees contrary to professional rules was unable to enforce it in any way.
	Solicitors Practice Rules 1990 (Law Society 1991)

Eversheds (a Firm) -v- Osman [1998] EWCA Civ 650
7 Apr 1998 CA	Legal Professions
	The plaintiff sought payment of its fees for legal services in acting for the defendant in extradition proceedings.
	Link[s] omitted

Hogg and Others -v- Raper and Others
22 Apr 1998 CA	Wills and Probate, Legal Professions
	A solicitor, drafting a clause in a will exonerating Trustees from liability for mistakes, had same protection as if he had been a trustee. He had no fiduciary breach to draft a clause without which the position waould be unacceptable.

Bevan Ashford -v- Geoff Yeandle (Contractors) Ltd (In Liquidation)
23 Apr 1998 ChD	Legal Professions
	A conditional fee agreement allowing 50 per cent uplift for case being conducted before arbitrator was not unlawful as champerty, even though it was outside range of the proceedings listed for such arrangements.
	Courts and Legal Services Act 1990 58

Penningtons (a Firm) -v-Brown [1998] EWCA Civ 750
30 Apr 1998 CA Lord Justice Pill, Sir John Vinelott	Legal Professions, Costs	1 Cites
	The claim concerned the plaintiffs claim for costs having represented the defendant successfully. They delivered a bill which detailed disbursements, and gave a 14 line narrative, but no other detail. The defendant requested more detail, being unaware as to the consequences as to a gross sum or bill containing detailed items. Was his request a request for more details of the gross sum bill, or for a bill containing detailed items? Held: The question must be looked at as to the substance of the request made. The intimation of taking the matter to taxation was a reference to the existing bill, not a request for a new one. The plaintiffs might have been better advised to seek clarification of the defendant's request. However in this case the request was for a detailed bill, and the case must proceed on that basis with the risk if an increased charge to the defendant.
	Solicitors Act 1974 64(2)
	Link[s] omitted

Nationwide Building Society -v- Various Solicitors (No 2)
1 May 1998 ChD	Legal Professions
	Solicitors having released information to complainant lenders in breach of duty of confidence to lay client could not rely upon confidence to restrict the use since confidence belonged to lay clients.

Stanley Kenneth Oates & others -v- Anthony Pitman and Co (a Firm) [1998] EWCA Civ 797
7 May 1998 CA	Professional Negligence, Legal Professions
	Negligent failure to establish planning status.
	Link[s] omitted

In the Matter of an Application By Bradford & Bingley Building Society for Leave To Apply for Judicial Review and Council for Licensed Conveyancers, ex parte Bradford and Bingley Building Society [1998] EWHC Admin 504
8 May 1998 Admn	Legal Professions, Judicial Review
	Link[s] omitted

Lubrizol Limited -v- Tyndallwoods Solicitors [1998] EWHC Admin 531
12 May 1998 Admn	Legal Professions, Costs
	Link[s] omitted

Barclays Bank Plc -v- Weeks Legg & Dean (a Firm); Barclays Bank Plc -v- Lougher and Others; Barclays Bank Plc -v- Hopkin John & Co [1998] EWCA Civ 868; [1998] 3 All ER 213; [1999] QB 309
21 May 1998 CA Millet LJ, Pill LJ, May LJ	Legal Professions, Land, Professional Negligence	Casemap 1 Cites 1 Citers
	The defendant solicitors had each acted for banks in completing charges over property. They had given the standard agreed form of undertaking to secure a good and marketable title, and the banks now alleged that they were in breach because undisclosed covenants variously restricted future development of the land. Held: The standard solicitor's undertaking to obtain a good and marketable title was not a warranty of title, but an acknowledgement of the use to be made of the title. A defect in title which was not serious enough to allow a rejection of a title was insufficient to leave the title short of being good and marketable. "The Bank submits that this means “a freehold title free from incumbrances”; and that such a title is better than “a good title” since it must be both “good” (in the sense of being without blemish) and “marketable” (in the sense of relating to property which is readily saleable). Both propositions are quite untenable. They are the product of a growing unfamiliarity with the language which was once the common currency of conveyancers of unregistered land. They confuse the subject-matter of the sale (what has the vendor agreed to sell?) with the vendor’s duty to prove his title to the subject-matter of the sale (has the vendor sufficiently deduced title to what he has agreed to sell?) " and "The expression “good marketable title” describes the quality of the evidence which the purchaser is bound to accept as sufficient to discharge this obligation. It says nothing about the nature or extent of the property contracted to be sold to which title must be deduced. The expression is a compendious one which describes the title and not the property. It is used in contradistinction to “a good holding title”, by which is meant a title which a willing purchaser might reasonably be advised to accept, but which the Court would not force on a reluctant purchaser. "
	Link[s] omitted

Awad Awwad -v- Geraghty & Co [1998] EWCA Civ 912
5 Jun 1998 CA May LJ	Legal Professions, Costs	1 Cites 1 Citers
	Solicitors’ Practice Rules 1990 8 - Access to Justice Act 1999 27
	Link[s] omitted

Esterhuizen and Another -v- Allied Dunbar Assurance Plc
10 Jun 1998 QBD	Legal Professions, Professional Negligence, Wills and Probate	Casemap 1 Cites
	A non-professional will writing agency should be subject to the same standards of professional negligence in drawing up wills as a recognised lawyer. This is necessary to protect members of the public using will writing services. "the process of signature and attestation is not completely straightforward and disaster may ensue if it is not correctly done. Any testator is entitled to expect reasonable assistance without having to ask exprssly for it. It is in my judgment not enough just to leave written instructions with the testator. In ordinary circumstances just to leave written instructions and to do no more will not only be contrary to good practice but also in my view negligent."

Christie -v- Wilson; McVicar and Alexside Limited Times, 06 July 1998; Gazette, 29 July 1998; [1998] EWCA Civ 951
10 Jun 1998 CA	Legal Professions, Defamation	Casemap 1 Cites 1 Citers
	The same rules must apply to solicitor and barrister advocates, as regards conduct of litigation, once having given advice which was acted upon, and on which claim the action was based. A solicitor was not barred from acting as advocate in defamation who had advised that no defamation existed.
	Link[s] omitted

Regina -v- Legal Aid Board ex parte Kaim Todner (a Firm of Solicitors) [1998] EWCA Civ 958; [1999] QB 966; [1998] 3 All ER 541; [1998] 3 WLR 925
10 Jun 1998 CA Lord Woolf of Barnes MR, Lord Justice Auld and Lord Justice Buxton	Legal Professions, Litigation Practice	Casemap 1 Cites 1 Citers
	A firm of solicitors sought an order for anonymity in their proceedings against the LAB, saying that being named would damage their interests irrespective of the outcome. Held: The legal professions have no special part in the law as a party to entitle a court to allow a solicitors firm anonymity in a challenge to a withdrawal of a Legal Aid Franchise. Greater publicity had already been created for the firm by their application. It was vital to protect the part played by the media in maintaining respect for the system of justice: "The need to be vigilant arises from the natural tendency for the general principle to be eroded and for exceptions to grow by accretion as the exceptions are applied by analogy to existing cases. This is the reason it is so important not to forget why proceedings are required to be subjected to the full glare of a public hearing. It is necessary because the public nature of the proceedings deters inappropriate behaviour on the part of the court. It also maintains the public's confidence in the administration of justice. It enables the public to know that justice is being administered impartially. It can result in evidence becoming available which would not become available if the proceedings were conducted behind closed doors or with one or more of the parties' or witnesses' identity concealed. It makes uninformed and inaccurate comment about the proceedings less likely. If secrecy is restricted to those situations where justice would be frustrated if the cloak of anonymity is not provided, this reduces the risk of the sanction of contempt having to be invoked, with the expense and the interference with the administration of justice which this can involve. Any interference with the public nature of court proceedings is therefore to be avoided unless justice requires it. However Parliament has recognised there are situations where interference is necessary." and "It is not unreasonable to regard the person who initiates the proceedings as having accepted the normal incidence of the public nature of court proceedings. In general, however, parties and witnesses have to accept the embarrassment and damage to their reputation and the possible consequential loss which can be inherent in being involved in litigation. The protection to which they are entitled is normally provided by a judgment delivered in public which will refute unfounded allegations. Any other approach would result in wholly unacceptable inroads on the general rule." The firm of solicitors had been notified by the legal aid board of their intention to institute a criminal investigation of their practice. The firm sought a judicial review of the decision, and now appealed an order not to grant them anonymity. Held: Any interference with the public nature of court proceedings is to be avoided unless justice requires it. It cannot be reasonable for the legal profession to seek preferential treatment over other litigants. This was not a situation in which the identity of the firm could be protected. The appeal was dismissed.
	Administration of Justice Act 1960 12
	Link[s] omitted

Zwebner -v- Mortgage Corporation Plc; Trustee of Property of Zwebner and Brooks and Co [1998] EWCA Civ 1035; [1998] PNLR 769
18 Jun 1998 CA Robert Walker, Hobhouse and Waller LJJ	Professional Negligence, Legal Professions	Casemap 1 Citers
	The claimant applied for a loan secured against a property owned with his wife. The defendant instructed solicitors who reported on title with an undertaking that documents would be executed before completion. They sent the mortgage to Mr. and Mrs. Zwebner to sign, but Mr. Zwebner forged her signature. She now brought proceedings against the defendant saying that the mortgage did not bind her. The defendant claimed against the solicitors in negligence and for breach of contract in failing to comply with the undertaking given in the report on title. The court considered the general nature and scope of a solicitor's duty acting for a lender. They argued that it would be wrong to construe the undertaking that the documents would be "properly executed" as giving rise to a warranty that they had been signed by Mrs. Zwebner in the presence of a witness. This would transfer the entire risk of fraud onto one who was merely providing professional services. The expression "properly executed" should be limited to matters of form and the mechanics of completion. Held. It was difficult to read the undertaking in the way suggested. The consequences of giving weight to the word "properly" were not so unreasonable as to justify a construction which largely disregarded it. The solicitors were in breach of contract, having accepted an unqualified obligation to obtain the signature of Mrs. Zwebner.
	Link[s] omitted

Nicola (Also Known As Shala Hossan) -v- Harris (Practising As Gabriel Harris Solicitors) and Charalambous [1998] EWCA Civ 1110
29 Jun 1998 CA	Litigation Practice, Legal Professions
	[ Bailii ]

In the Matter of a Solicitor and In the Matter of Solicitors Act 1974 [1998] EWHC Admin 681
29 Jun 1998 Admn	Legal Professions
	Link[s] omitted

Cullen -v- Campbell Hooper Wright and Supperstone (a Firm) (2) [1998] EWCA Civ 1150
3 Jul 1998 CA	Litigation Practice, Legal Professions
	Link[s] omitted

Weston -v- Law Society
15 Jul 1998 CA	Legal Professions	Casemap 1 Citers
	A solicitor whose partner had taken charge of accounts and had defaulted remained himself properly subject to discipline under the Solicitors Act. The duty falling on solicitors is very high when dealing with client funds. The striking off of a solicitor found to have acted dishonestly in relation to client funds must be automatic.
	Solicitors Act 1974

Dubai Aluminium Company Ltd -v- Salaam and Others [1998] EWHC 1204 (Comm); [1999] 1 Lloyd's Rep 415
17 Jul 1998 QBD Rix J	Vicarious Liability, Company, Legal Professions, Torts - Other	Casemap
	A partner is vicariously liable for the acts of his partner in equity as well as in tort. Where a partner acted as accessory to a breach of trust he acted as a constructive trustee. Settlement of action on this basis was enforceable in later claim.
	Partnership Act 1890 10
	Link[s] omitted

Atwell -v- Perr & Co and Another
27 Jul 1998 ChD	Professional Negligence, Legal Professions	Casemap 1 Cites
	Counsel advising during conduct of case has immunity but a wrongful advice on appeal was outside his immunity. Work done before a hearing constituting the formulation of case was within the immunity from suit.

Manderson-Jones -v- Societe Internationale De Telecommunications Aeronautiques (Sita) [1998] UKPC 33
27 Jul 1998 PC	Commonwealth, Legal Professions
	(Jamaica)
	Link[s] omitted

Mccalla -v- the Disciplinary Committee of the General Legal Council [1998] UKPC 37
30 Jul 1998 PC	Commonwealth, Legal Professions
	(Jamaica)
	Link[s] omitted

Citadel Management Inc -v- Thompson [1998] EWCA Civ 1361
31 Jul 1998 CA	Legal Professions
	Link[s] omitted

Clegg -v- Hutson Poole (a Firm) [1998] EWCA Civ 1362
31 Jul 1998 CA	Costs, Legal Professions
	Link[s] omitted

Royal Bank of Scotland -v- Etridge, Loftus and Another -v- Etridge and Another, Etridge -v- Pritchard Englefield (Merged With Robert Gore and Co ) Midland Bank Plc -v- Wallace and Another (No 2) [1998] EWCA Civ 1372; [1998] 4 All ER 705
31 Jul 1998 CA	Undue Influence, Banking, Legal Professions	1 Cites 1 Citers
	Detailed guidance was given on the quality of independent legal advice, which would be required to be given to wives signing charges to secure their husbands' business etc accounts on the matrimonial home. The interaction of legal advice and allegations of undue influence is a question of notice.
	[ Bailii ]

Connolly-Martin -v- Davis
17 Aug 1998 ChD	Legal Professions, Professional Negligence	Casemap 1 Citers
	The claimant appealed against the striking out of her claim for negligence against counsel for her opponent who had signed a consent order purporting to give an undertaking from his client when in fact the client did not consent. Held: The appeal succeeded. A barrister was liable in negligence and breach of warranty to his lay client where he gave an undertaking to the court without first obtaining his client's express authority to do so.

Citadel Management Inc -v- Equal Ltd and Others [1999] 1 FLR 21
23 Sep 1998 CA	Legal Professions	Casemap 1 Citers
	A solicitor undertaking to repay client funds but who was dependent upon others to fulfil that undertaking and failed to warn of impossibility of fulfilment, was properly found in contempt of court and imprisoned for six months.

Bolkiah -v- KPMG (A Firm)
25 Sep 1998 ChD	Intellectual Property, Legal Professions	Casemap 1 Citers
	A company who had custody of confidential information and who sought to act for another client from whom the confidential information had to be protected, had to have its claim to be able to protect that confidentiality examined skeptically by the courts.

Regina -v- Law Society ex parte Dalton [1998] EWHC Admin 972
16 Oct 1998 Admn	Legal Professions
	Link[s] omitted

Regina -v- Common Professional Examination Board ex parte Sally Mealing-Mcleod [1998] EWCA Civ 1569
19 Oct 1998 CA	Legal Professions	1 Cites 1 Citers
	Link[s] omitted

Regina -v- Complaints Commissioner of General Council of Bar (ex parte Fawzia Amtul-Habib Shuttari) [1998] EWHC Admin 986
20 Oct 1998 Admn Owen J	Legal Professions
	Complaint at solicitors' failure to pay counsel's fees. Delay by clerk in sending fee note.
	Link[s] omitted

In the Matter of a Solicitor and In the Matter of Solicitors Act 1974 [1998] EWHC Admin 987
20 Oct 1998 Admn	Legal Professions
	Link[s] omitted

Mohammed -v- Alaga & Co (A Firm) [1998] EWCA Civ 1654
2 Nov 1998 CA Lord Justice Simon Brown, Lord Justice Mantell	Legal Professions, Contract	Casemap 1 Cites 1 Citers
	(Application for Leave) An agreement between solicitors and non-solicitors for the payment of a fee for introductions was illegal and unenforceable. Where however the non-solicitor provided services as part of the arrangement, a claim against the solicitors for a quantum meruit rather than in restitution would stand.
	Solicitors Practice Rules 1990
	Link[s] omitted

C -v- S and Others (Money Laundering: Discovery of Documents [1998] EWCA Civ 1474; [1999] 2 All ER 343; [1999] 1 WLR 1551
3 Nov 1998 CA	Natural Justice, Legal Professions	1 Citers
	The money laundering regulations create a conflict between private rights and criminal provisions, particularly the restriction on information which might prejudice an investigation may be under way. Conflicts were resolved by guidance from NCIS. The court set out a procedure to be followed where compliance with an order for disclosure of information in civil proceedings might reveal money-laundering and cause the financial institution to be in breach of tipping off provisions under section 93D of Act
	Criminal Justice Act 1988 93D
	Link[s] omitted

Frazer Harris -v- Scholfield Roberts & Hill (A Firm) [1998] 2 FLR 679
4 Nov 1998 FD	Professional Negligence, Legal Professions	Casemap 1 Cites
	Barristers and solicitors have the same immunity from suit in respect of advocacy, but a solicitor may still be liable after settlement at door of court where the substantial fault lay in matters preceding that hearing and preparation of the case.

Estate of M Kingsley (Deceased) -v- Secretary of State for Transport and Cheshire County Council [1998] EWCA Civ 1676
4 Nov 1998 CA	Legal Professions, Costs
	Link[s] omitted

Appeal Under S 3(c) of Costs In Criminal Cases (General Amendment) Regulations of 1991 Against a Wasted Costs Order Re: Lakha and Boothby Wasted Costs Order 5/97 [1998] EWCA Crim 3148
6 Nov 1998 CACD	Criminal Practice, Costs, Legal Professions
	Costs In Criminal Cases (General) (Amendment) Regulations 1991 3(c)
	Link[s] omitted

Pearless De Rougemont and Co -v- Pilbrow [1998] EWCA Civ 1717
6 Nov 1998 CA	Legal Professions, Costs
	Link[s] omitted

Cullen -v- Campbell Hooper Wright and Supperstone (a Firm) (3) [1998] EWCA Civ 1713
6 Nov 1998 CA	Legal Professions
	[ Bailii ]

Hughes -v- Kingston Upon Hull City Council [1999] QB 1193; [1998] EWHC 343 (QB)
9 Nov 1998 QBD	Costs, Legal Professions	Casemap 1 Cites
	The Solicitors Practice Rules have the effect of law, and it is still improper to agree to pursue contentious proceedings on a contingency fee arrangement without specific statutory sanction, especially in criminal proceedings. An agreement for payment of legal fees on a contingency basis in a quasi-criminal matter (nuisance summons) remained unlawful, and a successful party was not able to claim indemnity against such costs.
	Environmental Protection Act 1990 79(1)(a) 82(12)
	Link[s] omitted

Johnson -v- Gore Wood and Co (a Firm) [1998] EWCA Civ 1763; [1999] BCC 474
12 Nov 1998 CA Lord Justice Nourse, Lord Justice Ward And Lord Justice Mantell	Legal Professions, Litigation Practice	Casemap 1 Cites 1 Citers
	The claimant had previously issued a claim against the defendant solicitors through his company. He now sought to pursue a claim in his own name. It was resisted as an abuse of process, and on the basis that no personal duty of care was owed to the claimant. The defendants appealed orders against them. They knew that he had personally guaranteed the borrowings of the company. Held: It was arguable that the plaintiff had a general retainer with the defendants, and that they had duties to him over and above those to the company. Double recovery remained a problem, and the case law unclear. That was enough to say the plaintiff's case was arguable. As to abuse, the first proceedings had been settled by compromise. Each case depends upon its own facts. The plaintiff had also been in control of the first proceedings. The plaintiff's appeal against a strike out for abuse of process failed.
	Link[s] omitted

Anthony Bryden Parker -v- Law Society (2) [1998] EWCA Civ 1915
1 Dec 1998 CA	Legal Professions
	Solicitors Act 1974
	Link[s] omitted

Chohan -v- Times Newspapers Limited; Singh & Choudry (a Firm) and Choudry [1998] EWCA Civ 1916
4 Dec 1998 CA	Legal Aid, Legal Professions	1 Cites 1 Citers
	Link[s] omitted

Arthur J S Hall & Co (A Firm) -v- Simons; Barratt -v- Woolf Seddon (A Firm); Cockbone -v- Atkinson Dacre & Slack (A Firm); Harris -v- Schofield Roberts & Hill (A Firm) [1998] EWCA Civ 1943; [1999] 3 WLR 873
14 Dec 1998 CA	Legal Professions, Professional Negligence	Casemap 1 Cites 1 Citers
	Though the court must balance the need for protection against negligence by lawyers with the need to avoid re-litigation of issues settled by courts, case law dictates some exemptions, but these must be limited and any doubt resolved against the practitioner.
	Link[s] omitted

Prince Jefri Bolkiah -v- KPMG (A Firm) [1998] UKHL 52; [1999] 2 AC 222; [1999] 1 All ER 517; [1999] 2 WLR 215
16 Dec 1998 HL Lord Browne-Wilkinson Lord Hope of Craighead Lord Clyde Lord Hutton Lord Millett	Legal Professions, Information	Casemap 1 Citers
	The House was asked as to the duties of the respondent accountants (KPMG). KPMG had information confidential to a former client, the appellant, which might be relevant to instructions which they then accepted from the Brunei Investment Agency, of which Prince Jefri had been chairman, to investigate the whereabouts of certain assets suggested to have been used by Prince Jefri for his own benefit. Held: The House granted an injunction restraining KPMG from acting for the Agency. The burden was on KPMG to show that there was no risk of the information coming into the possession of those within KPMG acting for the Agency. Though KPMG had tried to erect a Chinese wall, this was ad hoc and within a single department; further the two teams involved - one which had acted for Prince Jefri and the one which was acting for the Agency - contained large and rotating memberships of persons accustomed to working with each other. A solicitor has an absolute duty to his clients, and to former clients, to protect their confidence and could not later act for an opponent. An accountant providing litigation support is bound by the same duties, an information barrier, a so-called Chinese Wall, erected within the firm is liable to be insufficient. The duty extends beyond that of refraining from deliberate disclosure, and includes the duty not to put the client at risk: "…a fiduciary cannot act at the same time both for and against the same client, and his firm is in no better position. A man cannot without the consent of both clients act for one client while his partner is acting for another in the opposite interest. His disqualification has nothing to do with the confidentiality of client information. It is based on the inescapable conflict of interest which is inherent in the situation." and (Lord Millett) "I prefer simply to say that the court should intervene unless it is satisfied that there is no risk of disclosure. It goes without saying that the risk must be a real one, and not merely fanciful or theoretical. But it need not be substantial." Lord Millett said: "It is incumbent on a plaintiff who seeks to restrain his former solicitor from acting in a matter for another client to establish (1) that the solicitor is in possession of information which is confidential to him and to the disclosure of which he has not consented and (2) that the information is or maybe relevant to the new matter in which the interests of the other client is or may be adverse to his own".
	Link[s] omitted

Ulster Bank Ltd -v- Fisher & Fisher [1999] NI 68; [1998] NICh 7
21 Dec 1998 ChNI Girvan J	Northern Ireland, Legal Professions, Costs	Casemap 1 Cites
	Link[s] omitted